Abstract

CARBONELL, Miguel. About the living Constitution. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2012, vol.42, n.117, pp.347-357. ISSN 0120-3886.

The author discusses the debate between living constitutionalism and originalism in legal theory in the United States. While the originalists believe that it is necessary to interpret the Constitution in accordance with the beliefs of the founding fathers and the actual text, the living constitutionalists, on the contrary, believe that the interpretation should be adapted to the current context. The author supports the thesis of living constitutionalism and following Strauss' arguments, he shows the weaknesses and inconveniences of originalism.

Keywords : Constitutionalism; constitutional interpretation; living constitution; judicial activism; stare decisis.

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